City of Lincoln
Planning

Planning Commission Agenda

 



*** ACTION BY PLANNING COMMISSION ***
NOTICE: The Lincoln City/Lancaster County Planning Commission will hold a public hearing on Wednesday, October 16, 2002, at 1:00 p.m. in the City-Council Chambers, County-City Building, 555 South 10th Street, Lincoln Nebraska, on the following items. For more information, call the Planning Department, 441-7491.

The Planning Commission will meet on Wednesday, October 16, 2002, 12:00 - 1:00 p.m., in Room 113 of the County-City Building, 555 S. 10th St., Lincoln, Nebraska, for the purpose of a staff briefing on water, wastewater and other related acreage issues considered in review of changes of zone, community unit plans and subdivision for acreages in the three-mile jurisdiction and in the county.

**PLEASE NOTE: The Planning Commission action is final action on any item with a notation of "FINAL ACTION". Any aggrieved person may appeal Final Action of the Planning Commission to the City Council by filing a Notice of Appeal with the City Clerk within 14 days following the action of the Planning Commission. **

The Planning Commission action on all other items is a recommendation to the City Council or County Board.

AGENDA WEDNESDAY, OCTOBER 16, 2002
[All Members present] Approval of minutes of the regular meeting held October 2, 2002. 1. CONSENT AGENDA: (Public Hearing and Administrative Action) CHANGE OF ZONE 1.1 Change of Zone No. 3380, (1,117 K) from B-2 Planned Neighborhood Business District to R-3 Residential District, requested by the Director of Planning, on property generally located at S. 79th Street and Pioneers Boulevard. Planning staff recommendation: Approval Staff Planner: Duncan Ross, 441-7603 Planning Commission recommendation: APPROVAL, 9-0. Public Hearing before City Council tentatively scheduled for November 18, 2002. 1.2 Change of Zone No. 3382, (208 K) requested by Kent Seacrest, on behalf of Wilderness Ridge, L.L.C., to amend Chapter 27.63.130 and 27.63.680 of the Lincoln Municipal Code, to allow the sale of alcoholic beverages for consumption on site as an accessory use to a golf course or country club. Planning staff recommendation: Approval Staff Planner: Brian Will, 441-6362 Planning Commission recommendation: APPROVAL, 9-0. Public Hearing before City Council tentatively scheduled for November 18, 2002. 1.3 Change of Zone No. 3383, (533 K) from AG Agricultural District to I-1 Industrial District, requested by Mark Hunzeker, on behalf of Capitol Sports Foundation, on property generally located at N. 70th Street and Alvo Road. Planning staff recommendation: Approval of H-2 zoning to the western « of the parcel Staff Planner: Mike DeKalb, 441-6370 Removed from the Consent Agenda and had separate public hearing. Applicant's request for two-week deferral granted. CONTINUED PUBLIC HEARING AND ADMINISTRATIVE ACTION scheduled for November 18, 2002. PERMITS: 1.4 Special Permit No. 1692B, (961 K) an amendment to the Wilderness Ridge Community Unit Plan, requested by Kent Seacrest, on behalf of Wilderness Ridge, L.L.C., to allow the sale of alcoholic beverages for consumption on the premises, on property generally located at S. 27th Street and Yankee Hill Road. Planning staff recommendation: Conditional Approval Staff Planner: Brian Will, 441-6362 Planning Commission recommendation: CONDITIONAL APPROVAL, 9-0. Public Hearing before City Council tentatively scheduled for November 18, 2002. PERMITS WITH RELATED ITEMS: 1.5a Special Permit No. 1990, (889 K) Heritage Lakes Daycare Facility, requested by Stephen Clymer, with Olsson Associates, on behalf of Heritage Builders, for an early childhood development center, with requests to waive arterial street access and sign requirements, on property generally located at S. 91st Street and Heritage Lakes Drive. Planning staff recommendation: Approval Staff Planner: Brian Will, 441-6362 Removed from the Consent Agenda and had separate public hearing. Applicant's request for two-week deferral granted. CONTINUED PUBLIC HEARING AND ADMINISTRATIVE ACTION scheduled for October 30, 2002. 1.5b Waiver of Design Standards No. 02021, (889 K) requested by Stephen Clymer, with Olsson Associates, on behalf of Heritage Builders, to allow non- perpendicular lot lines to right-of-way on property generally located at S. 91st Street and Heritage Lakes Drive. Planning staff recommendation: Approval Staff Planner: Brian Will, 441-6362 Removed from the Consent Agenda and had separate public hearing. Applicant's request for two-week deferral granted. CONTINUED PUBLIC HEARING AND ADMINISTRATIVE ACTION scheduled for October 30, 2002. 2. ITEMS REMOVED FROM CONSENT AGENDA: 2.1 __________________________________ 2.2 __________________________________ 3. PUBLIC HEARING AND ADMINISTRATIVE ACTION: MISCELLANEOUS WITH RELATED ITEMS: 3.1a Waiver of Design Standards No. 02020, (565 K) requested by Steve Miller, with Olsson Associates, on behalf of West Gate Bank, to waive the required turnaround on Wagon Lane, on property generally located southeast of S. 56th Street and Old Cheney Road. Planning staff recommendation: Denial Staff Planner: Tom Cajka, 441-5662 Had public hearing. Planning Commission recommendation: APPROVAL, 5-4 (Bills-Strand, Krieser, Larson, Duvall and Schwinn voting 'yes'; Steward, Carlson, Newman and Taylor voting 'no'). 3.1b Street & Alley Vacation No. 01024, (803 K) requested by Darrell K. Stock, on behalf of Carl Sjulin, David Sjulin and Kathryn Sjulin Lonowski, to vacate the west 60.15' of Wagon Lane from the south line of Outlot B to the north line of Outlot C in Frontier Acres, generally located southeast of S. 56th Street and Old Cheney Road. Planning staff recommendation: Conformance with the Comprehensive Plan Staff Planner: Tom Cajka, 441-5662 Had public hearing. Planning Commission recommendation: CONDITIONAL APPROVAL, with amendments, 5-4 (Bills-Strand, Krieser, Larson, Duvall and Schwinn voting 'yes'; Steward, Carlson, Newman and Taylor voting 'no'). MISCELLANEOUS: 3.2 Comprehensive Plan Amendment No. 02001, by the Director of Planning, to amend sections of the 2025 Lincoln/Lancaster County Comprehensive Plan regarding land use, transportation, parks and recreation and utilities to reflect the previous inclusion of land generally located between 84th and 120th Streets, from south of Pioneers Boulevard to "O" Street, as inside the Future Service Limit of the City of Lincoln; and to change from Urban Residential to Commercial on the northeast corner of 84th and Van Dorn Streets and the southeast corner of 84th and South Streets. Planning staff recommendation: Approval Staff Planner: Steve Henrichsen, 441-6374 Planning Commission recommendation: APPROVAL, to include land in the Future service Limit, 8-1 (Steward dissenting); DENIAL of Proposal A: 84th & Van Dorn, Urban Residential to Commercial; DENIAL of Proposal B: 84th & South St., Urban Residential to Commercial. 3.3 Comprehensive Plan Amendment No. 02002, Part 1  Part 2  by the Director of Planning, to review multiple land use amendments to the 2025 Lincoln/Lancaster County Comprehensive Plan requested by private individuals, including: Change a portion of 140 acres of Agricultural and Agricultural Stream Corridor to Commercial and Industrial use at Highway 6 and North 162nd St.; change 10-12 acres of Public/Semi-Public and Greenspace to commercial use on the southeast corner of 84th and Havelock; change 120 acres of Agricultural to Low Density Residential at S. 82nd and Roca Road; change Agricultural to Low Density Residential between S. 112th and 120th south of Old Cheney Road; change Urban Residential to Commercial at the southwest corner N. 84th and Adams Street; change from Urban Residential to Commercial near NW 48th and West Holdrege; change Commercial to Industrial south of SW 56th and West O; change from Public and Semi-Public to Commercial southeast of 70th & O Street; modify land use designation for Downtown Campus and East Campus area to reflect current boundaries and future expansion of the University of Nebraska; change 160 acres on the northeast corner of S.W. 70th and West Van Dorn from Agricultural to Low Density Residential; change 160 acres on the southwest corner of N. 84th and Waverly Road from Agricultural to Low Density Residential; change land at 112th and Yankee Hill Road from Green Space (for a golf course) to Low Density Residential; designate commercial use for a Neighborhood Center on southeast corner of 27th & Yankee Hill Road and move Community Center from 40th & Rokeby Road to the west side of 40th Street, « mile north of Rokeby Road. Planning staff recommendation: Approval Staff Planner: Steve Henrichsen, 441-6374 Had public hearing. Planning Commission recommendations: #2 - UNL to reflect current boundaries and future expansion of Downtown Campus and East Campus: APPROVAL, 9-0. #3 - Baade request - Agriculture to Low Density Residential, So. 82nd & Roca Road: Applicant’s request for DEFERRAL, until acreage cost of service study and performance standards are brought forward, granted, 9-0. #4 - Connie Heier and Patricia Slaughter request - Agriculture to Low Density Residential, S. 112th to 120th Streets, south of Old Cheney Road: APPROVAL, 5-4 (Bills-Strand, Krieser, Larson, Duvall and Schwinn voting ‘yes’; Steward, Carlson, Newman and Taylor voting ‘no’). #5 - Hidden Valley Golf Course request - Greenspace to Low Density Residential, 112th Street south of Pine Lake Road: DEFERRAL, until the condition of the 2025 Comprehensive Plan for the completion of the studies (rural cost of service, performance standards and build-through) is consummated, based upon the date the Comprehensive Plan was adopted by City Council and County Board, 5-4 (Steward, Larson, Carlson, Newman and Taylor voting ‘yes’; Bills-Strand, Krieser, Duvall and Schwinn voting ‘no’). #6 - Berger request - Agriculture to Low Density Residential, northeast corner of SW. 780th Street and West Van Dorn: DEFERRAL, until the condition of the 2025 Comprehensive Plan for the completion of the studies (rural cost of service, performance standards and build-through) is consummated, based upon the date the Comprehensive Plan was adopted by City Council and County Board, 9-0. #7 - Finigan request - Agriculture to Low Density Residential, southwest corner of N. 84th Street and Waverly Road: DEFERRAL, until the condition of the 2025 Comprehensive Plan for the completion of the studies (rural cost of service, performance standards and build-through) is consummated, based upon the date the Comprehensive Plan was adopted by City Council and County Board, 9-0. #8 - Wunderlich and Cornhusker Energy Lexington request - Agriculture and Agriculture Stream Corridor to Industrial, N. 162nd Street and Hwy 6: DENIAL, 9-0. #9 - Lancaster County Agricultural Society request - Public/Semi-Public and Greenspace to Commercial, southeast corner of N. 84th Street and Havelock Avenue: DENIAL, 6-3 (Steward, Bills-Strand, Larson, Carlson, Newman and Taylor voting ‘yes’; Krieser, Duvall and Schwinn voting ‘no’). #10 - North Forty Golf request - Urban Residential to Commercial, southwest corner of N. 84th Street and Adams Street: DENIAL, 9-0. #11 - Krein Real Estate request - Public and Semi-Public to Commercial, one block southeast of S. 70th and "O" Streets: APPROVAL, 9-0. #12 - Lincoln Federal Savings Bank request - move Community Center designation to general location ˝ mile north of 40th and Rokeby Road and designate new commercial neighborhood center in general location southeast of 27th & Yankee Hill Road: APPROVAL, 9-0. #13 - Gately request - neighborhood commercial area, northeast corner of NW. 48th Street and W. Holdrege Street: DENIAL, 9-0. #14 - Land Construction, Inc. request - Commercial to Industrial, SW. 56th Street, south of "O" Street: APPROVAL, 9-0. 3.4 Comprehensive Plan Amendment No. 02003, by the Director of Planning at the request of the Director of Parks and Recreation, to amend the "Future Conditions: Parks, Recreation and Open Space" section of the plan to correct the text regarding the description of neighborhood parks relating to the number of acres comprising a typical neighborhood park site. Planning staff recommendation: Approval Staff Planner: Steve Henrichsen, 441-6374 Had public hearing. Planning Commission recommendation: APPROVAL, 9-0. CHANGE OF ZONE: 3.5 Change of Zone No. 3370, (816 K) from AG Agricultural District to AGR Agricultural Residential District, requested by Kent Seacrest, on property generally located at S. 120th Street and Old Cheney Road. Planning staff recommendation: Denial if the Comprehensive Plan Amendment is denied; Approval if the Comprehensive Plan is amended to show Low Density Residential Staff Planner: Mike DeKalb, 441-6370 Had public hearing. Planning Commission recommendation: APPROVAL, 5-4. (Bills-Strand, Krieser, Larson, Duvall and Schwinn voting 'yes'; Steward, Carlson, Newman and Taylor voting 'no'. 4. ADMINISTRATIVE ACTION: CHANGE OF ZONE WITH RELATED ITEMS: 4.1a Change of Zone No. 3366, (1,242 K) a text amendment to Title 27 of the Lincoln Municipal Code (the Zoning Ordinance), proposed by the Directors of the Public Works and Utilities, Parks and Recreation and Planning Departments, to add a new section 27.82.010 to provide a title, authority and applicability; to add a new section 27.82.020 to provide legislative findings and purpose; to add a new section 27.82.030 to provide intent; to add a new section 27.82.040 to provide definitions; to add a new section 27.82.050 to provide for imposition of impact fees; to add a new section 27.82.060 to provide exemptions from impact fees; to add a new section 27.82.070 to provide for the creation of an impact fee fund and impact fee accounts; to add a new section 27.82.080 to provide for refunds of impact fees paid; to add a new section 27.82.090 to provide for post-ordinance developer agreements regarding Impact Fee Facilities; to add a new section 27.82.100 to provide for developer reimbursement for participation in financing or constructing Impact Fee Facilities; and to add a new section 27.82.110 to provide for miscellaneous provisions. Planning staff recommendation: Approval, as revised Staff Planner: Steve Henrichsen, 441-6374 Planning Commission recommendation: APPROVAL, as revised on 10/8/02 and 10/14/02, with amendments, 6-2 (Steward, Bills-Strand, Krieser, Larson, Carlson and Newman voting 'yes'; Duvall and Schwinn voting 'no'; Taylor absent). 4.1b Miscellaneous No. 02005, (1,242 K) a text amendment to Title 26 of the Lincoln Municipal Code (the Land Subdivision Ordinance), proposed by the Directors of the Public Works and Utilities, Parks and Recreation and Planning Departments, to amend Section 26.23.040 (Table 26.23.040) of the Lincoln Municipal Code, to modify the reference to the Comprehensive Plan and to increase the minimum right-of-way width for bikeways from a 14-foot easement to a 20-foot easement; to amend Section 26.23.160 to require a dedication of land or payment of an impact fee for neighborhood parks and trails; and to repeal Sections 26.23.040 and 26.23.160. Planning staff recommendation: Approval Staff Planner: Steve Henrichsen, 441-6374 Planning Commission recommendation: APPROVAL, 7-1 (Steward, Bills-Strand, Krieser, Larson, Carlson, Newman and Duvall voting 'yes'; Schwinn voting 'no'; Taylor absent).
* * * * * * AT THIS TIME, ANYONE WISHING TO SPEAK ON AN ITEM NOT ON THE AGENDA, MAY DO SO. * * * * * *
PENDING LIST: 1. Change of Zone No. 3277, requested by Richard Wood, of the University of Nebraska-Lincoln, from R-2 Residential District to O-2 Suburban Office District, on property generally located at N. 70th Street and Stoney Ridge Road. (9-6-00: Planning Commission voted 8-0 to place on pending at the request of the applicant.) 2. Change of Zone No. 3299, requested by the Director of Planning, to amend Sections 27.69.044, 27.69.047, and 27.69.049 of the Lincoln Municipal Code, to adjust permitted signage in the O-3 Office Park District and adjacent to the Interstate in the H-1 Interstate Commercial, H-3 Highway Commercial, and H-4 General Commercial Districts. (1-24-01: Planning Commission voted 9-0 to place on pending.) 3a. Change of Zone No. 3292, a text amendment to Title 27 of the Lincoln Municipal Code, requested by the Director of Planning, to add Chapter 27.53, to create an overlay district, the Entryway Corridors District, concerning permitted uses, parking regulations, sign regulations, grading and land disturbance regulations, area regulations, and design standards, for corridors in the vicinity of Interstate 80 and Interstate 180. (2-7-01: Planning Commission voted 8-0 to place on pending.) 3b. Miscellaneous No. 00011, requested by the Director of Planning, to adopt design standards for the Entryway Corridors District, an overlay district in the vicinity of Interstate 80 and Interstate 180. (2-7-01: Planning Commission voted 8-0 to place on pending.) 4. Change of Zone No. 3321, requested by Michael T. Johnson, on behalf of West Gate, Inc., from R-7 Residential District to B-4 Lincoln Center Business District, on property generally located at 1729 M Street (6-13-01: Planning Commission voted 6-0 to place on pending at the request of the applicant.) 5a. Change of Zone No. 3279, requested by Lyle Loth, with ESP, from AG Agricultural District to AGR Agricultural Residential District, on property generally located at S. 70th Street and Countryview Road. (6-13-01: Planning Commission voted 6-0 to place on pending until January, 2002 at the request of the applicant.) 5b. Special Permit No. 1868, Windmill Ridge Estates Community Unit Plan, requested by Lyle Loth, with ESP, for 23 single family lots, on property generally located at S. 70th Street and Countryview Road. (6-13-01: Planning Commission voted 6-0 to place on pending until January, 2002 at the request of the applicant.) 5c. Preliminary Plat No. 00023, Windmill Ridge Estates, requested by Lyle Loth, with ESP, for 23 Lots, with requests to waive ornamental street lights; sidewalks; street trees; landscape screens; and block length; on property generally located at S. 70th Street and Countryview Road. (6-13-01: Planning Commission voted 6-0 to place on pending until January, 2002 at the request of the applicant.) 6. Street & Alley Vacation No. 01014, requested by Thomas Tiedgen, with Midwest Steel Works, to vacate the east 20' of South 7th Street, generally located at S. 7th Street and N Street. (10-3-01: Planning Commission voted 7-0 to place on pending indefinitely at the request of the applicant.) 7a. Annexation No. 01008, requested by the Director of Planning, to annex property generally located at Coddington Avenue and West Van Dorn Street. (4-3-02: Planning Commission voted 8-0 to place on pending.) 7b. Change of Zone No. 3195, from R-3 Residential District to B-2 Planned Neighborhood Business District, requested by Lyle Loth of ESP on behalf of R.C. Krueger Development Company, on property generally located at So. Coddington Avenue and West Van Dorn Street. (4-3-02: Planning Commission voted 8-0 to place on pending.) 7c. Change of Zone No. 3253, from R-3 Residential District to B-2 Planned Neighborhood Business District, requested by DaNay Kalkowski on behalf of Stockwell Properties, L.L.C., on property generally located at the southeast corner of So. Coddington Avenue and West Van Dorn Street. (4-3-02: Planning Commission voted 8-0 to place on pending.) 7d. Use Permit No. 133, requested by J.D. Burt of Design Associates on behalf of Stockwell Properties, L.L.C., and by Brian D. Carstens and Associates on behalf of R.C. Krueger Development Company, for commercial retail and office uses, with requests to modify the rear, side, and front yard setbacks; to waive street trees; to adjust the minimum frontage requirements for signs; and to waive lot frontage and access to public street or private roadway; on property generally located at S. Coddington Avenue and West Van Dorn Street. (4-3-02: Planning Commission voted 8-0 to place on pending.) 8a. Change of Zone No. 3364, text amendments to Title 27 of the Lincoln Municipal Code (the Zoning Ordinance) requested by the Directors of the Public Works & Utilities, Parks & Recreation and Planning Departments, to generally adopt "Standards for Arterial Streets 120' or More in Width" and to make other minor amendments to the Zoning Ordinance by adding Section 27.03.082, Arterial Streets; and by amending Section 27.31.090, Height and Area Regulations for B-2 Planned Neighborhood Business District; Section 27.37.060, Height and Area Regulations for B-5 Planned Regional Business District; Section 27.45.070, Height and Area Regulations for H-4 General Commercial District; Section 27.51.090, Height and Area Regulations for I-3 Employment Center District; Section 27.67.030, General Conditions for Parking; Section 27.71.080, Fences; and Section 27.77.010, Requirements for Changed or New Occupancy. (5-15-02: Planning Commission voted 8-0 to place on pending.) 8b. Miscellaneous No. 02002, text amendments to Title 26 of the Lincoln Municipal Code (the Land Subdivision Ordinance), requested by the Directors of the Public Works & Utilities, Parks & Recreation and Planning Departments, to generally adopt "Standards for Arterial Streets 120' or More in Width", to revise the provisions for sureties and timing of sidewalk improvements along local and collector streets, and to make other minor amendments to the Land Subdivision Ordinance by amending Section 26.07.190, Major Street; Section 26.11.039, Requisites for Final Plat Approval; Section 26.11.040, Installation of Improvements; Section 26.23.040, Street and Other Public Way Widths; Section 26.23.120, Easements; Section 26.23.140, Lot; and Section 26.27.090, Trees. (5-15-02: Planning Commission voted 8-0 to place on pending.) 8c. Miscellaneous No. 02003, text amendments to the City of Lincoln Design Standards, requested by the Directors of the Public Works & Utilities, Parks & Recreation and Planning Departments, to generally adopt "Standards for Arterial Streets 120' or More in Width" and to make other minor amendments to the Design Standards by amending Chapter 2.15, Urban Public Street Design Standards; Chapter 2.35, Design Standards for Street Trees; and Chapter 3.50, Design Standards for Screening and Landscaping; and by adding Chapter 5.00, Design Standards for Landscaping Streetscapes, Medians, Boulevards, Roundabouts and Arterial Streets. (5-15-02: Planning Commission voted 8-0 to place on pending.) 9. Change of Zone No. 3367, from AG Agricultural District to AGR Agricultural Residential District, requested by Mark Hunzeker, on property generally located NE of SW 70th Street and West Van Dorn Street. (6-12-02: Planning Commission voted 8-0 to place on pending until an associated Comprehensive Plan Land Use proposal comes before Planning Commission.) 10. Special Permit No. 1961, requested by Chris Hansen, for material and equipment storage, on property generally located at Yankee Hill Road and Coral Drive. (7-24-02: Planning Commission voted 9-0 to place on pending.) 11a. County Special Permit No. 195, Beaver Creek Community Unit Plan, requested by J. D. Burt, with Design Associates, for 7 residential acreage dwelling units, on property generally located at the southeast corner of 134th and "O" Streets. (8-7-02: Planning Commission voted 7-0 to place on pending.) 11b. County Preliminary Plat No. 02011, Beaver Creek, requested by J. D. Burt, with Design Associates, for approximately 7 lots, with requests to waive sidewalks, street trees, street lighting, and block length, on property generally located at the southeast corner of 134th and "O" Streets. (8-7-02: Planning Commission voted 7-0 to place on pending.) 12. County Change of Zone No. 209, from AG Agricultural District to AGR Agricultural Residential District, requested by Bruce Pester, on behalf of Yankee, L.L.C., on property generally located at S. 12th Street (Highway 77) and West Sprague Road. (9-18-02: Planning Commission voted 9-0 to place on pending.) 13. Use Permit No. 89B, an amendment requested by Stephen Clymer, with Olsson Associates, and Danay Kalkowski, on behalf of Northern Lights, L.L.C., to allow the sale of alcoholic beverages for consumption on the premises within 100' of a residential district, on property generally located at S. 14th Street and Pine Lake Road. (10-2-02: Planning Commission voted 7-0 to place on pending.)
* * * * * The Planning Commission meeting which is broadcast live at 1:00 p.m. every other Wednesday will be rebroadcast on Sundays at 1:00 p.m. on 5 City-TV, Cable Channel 5.